May 11, 2009

 

A regular meeting of the City Council was held on Monday, May 11, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 27, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

MIDLAND LIONS CLUB DAY

Communications Coordinator Libby Richart introduced Kevin Kearney, President of the Midland Lions Club.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Donker:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 19, 2009 as Midland Lions Club Day in Midland.  (Motion ADOPTED.)  Mayor Johnson presented Kevin Kearney with the proclamation.

 

MIDLAND BLOOMS DAY

Communications Coordinator Libby Richart introduced Midland Area Chamber of Commerce President Sid Allen.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 30, 2009 as Midland Blooms Day in Midland.  (Motion ADOPTED.)  Mayor Johnson presented Sid Allen with the proclamation.

 

2009-10 PROPOSED BUDGET

Fiscal Services Director David Keenan presented for public hearing the City Manager’s Proposed 2009-10 Budget.  A public hearing opened at 7:17 p.m.  Larry Pillepich, 3602 McKeith Road, spoke regarding proposed budget items.  The public hearing closed at 7:26 p.m. 

 

2009 SARA SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the 2009 Downtown Economic Revitalization Public Improvement Special Assessment District Special Assessment Roll.  A public hearing opened at 7:43 p.m., recognizing no public comments, the hearing closed at 7:43 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of a certain revitalization program on the "2009 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $72,035.92 and that the total estimated cost of said improvements is $72,035.92, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 2009, and fifty (50) percent of said roll shall be collected during the year of 2010; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading fifty (50) percent of said Roll on July 1, 2009 without interest, and fifty (50) percent of said roll on July 1, 2010 without interest. (Motion ADOPTED.)

 

2009 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented information on the 2009 Sidewalk Improvement Program and a resolution directing the City Assessor to prepare an assessment roll.  A public hearing opened at 8:07 p.m. Lois DeBrosse, 3820 Boston Street, spoke in favor of proposed sidewalk on Joe Mann Boulevard.  Richard Tighe, 5611 Siebert, suggested wood chip paths along Joe Mann to minimize cost of having to reconstruct after road improvements.  The public hearing closed at 8:11 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman McKeag:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

        James Savage Road (south side)   from Saginaw Road to Quebecor World

        Jefferson Avenue (west side)          from US-10 to Chemical Bank sidewalk  

        Joe Mann Boulevard (north side)    from Eastman Avenue to existing walk at Wal-Mart

and has heretofore established one special assessment district which is to be known as the “2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 11th day of May, 2009, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 13, 2009, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of eighty thousand six hundred seventy-two and 50/100 dollars ($80,672.50; and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be forty-one thousand six hundred fifty-nine and 50/100 dollars ($41,659.50) and that all other costs and expenses of said improvement amounting to thirty-nine thousand thirteen dollars ($39,013.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2009, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2009, and that said agreement is received by City Council for approval at their June 8, 2009, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said “2009 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2009-10 CDBG BUDGET

Planning and Community Development Director Keith Baker presented the 2009-10 Community Development Block Grant Budget.  A public hearing opened at 8:40 p.m., recognizing no public comments, the hearing closed at 8:40 p.m.  The following resolution was offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City of Midland will receive $243,589 in Community Development Block Grant (CDBG) funds for fiscal year 2009-10; and

WHEREAS, an anticipated fund balance of $32,964 will be carried over into the 2009-2010 fiscal year; and

WHEREAS, on March 30, 2009, the City of Midland Housing Commission unanimously recommended approval of the 2009-2010 CDBG budget in the amount of $276,553.00 by a vote of 5-0; and

WHEREAS, a public hearing was held by the City Council on May 11, 2009, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the 2009-2010 Community Development Block Grant Budget as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2009-2010 Community Development Block Grant budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

ORDINANCE AMENDMENT - PARKING VIOLATIONS AND PENALTY SCHEDULE

City Attorney James O. Branson, III presented for second reading an ordinance to amend Section 21-130 of Article VIII of Chapter 21 regarding penalties for parking violations.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1678

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by amending Section 21-130 of Article viii of Chapter 21 thereof. 

The City of Midland Ordains:

Section 1.        Section 21-130 of Article VIII of Chapter 21 is hereby amended to read as follows:

Sec. 21-130.   Parking violations and penalty schedule.

The following parking violations may be settled by payment of the penalty designated:

                        Offense                                                                                               Penalty

(1)              Failure to display required permit                                                       $15.00

(2)              Parking too far from curb                                                                   $15.00

(3)              Angle parking violations                                                                      $15.00

(4)              Obstructing traffic                                                                               $30.00

(5)              Prohibited parking (signs unnecessary):                                           

a.          On sidewalk                                                                            $15.00

b.          In front of a public or private driveway                                   $30.00

c.          Within an intersection                                                              $30.00

d.          Within 15 feet of hydrant                                                        $30.00

e.          On a crosswalk                                                                       $30.00

f.           Within 20 feet of a crosswalk or 15 feet of corner                 $15.00

lot lines

g.          Within 30 feet of traffic control signal or device                     $15.00

h.          Safety zone                                                                             $30.00

i.            Within 50 feet of a railroad crossing                                       $50.00

j.            Within 20 feet of a fire station entrance                                  $30.00

k.          Within 75 feet of a fire station entrance                                  $30.00

(on opposite side of street, signs required)

l.            Beside street excavation when traffic obstructed                  $30.00

m.         Double parking                                                                        $30.00

n.          On bridge or viaduct or within tunnel                                      $30.00

o.          Within 200 feet of accident where police in                            $15.00

attendance

p.          In front of any theater                                                             $15.00

q.          Blocking emergency exit                                                        $30.00

r.           Blocking fire escape                                                               $30.00

(6)              Leaving vehicle unattended with the motor running with                   $15.00

            keys in vehicle           

(7)              In prohibited zones (signs required)                                                    $15.00

(8)              In an alley                                                                                            $15.00

(9)              Parking on lawn extension                                                                  $15.00

(10)                Parking for prohibited purpose:

a.          Displaying vehicle for sale                                                      $15.00

b.          Working on or repairing vehicle                                              $15.00

c.          Displaying advertising                                                             $15.00

d.          Selling merchandise                                                               $15.00

e.          Storage over 48 hours                                                            $15.00

(11)                Wrong side boulevard roadway                                                          $15.00

(12)                Loading zone violation                                                                        $15.00

(13)                Bus, parking other than bus stop                                                        $15.00

(14)                Taxicab, parking other than cab stand                                               $15.00

(15)                Bus, taxicab stand violations                                                              $15.00

(16)                Meter violations                                                                                   $10.00

(17)                Meters, not parked within space                                                         $15.00

(18)                Violations of parking lot parking regulations                                       $15.00

(19)                Parking on footwalks, bridges, paths, sidewalks, grass                     $30.00

plots or planted spaces of park or boulevard

(20)                Parking on streets between 3:00 a.m. and 6:00 a.m.             $30.00

(21)                Failure to set brakes                                                                           $15.00

(22)                Parked on grade, wheels not turned to curb                                      $15.00

(23)                Bicycle parking violations                                                                   $15.00

(24)                Overtime parking violations                                                                $10.00

(25)                Left wheel to curb (car must be parked in direction of                       $15.00

lawful traffic movement)       

In the event any of the foregoing penalties are not paid within seven (7) days from the date of issuance of the traffic ticket or notice of violation, the amount of penalty shall double. 

Section 2.  This Ordinance shall take effect on July 1, 2009.  (Ordinance ADOPTED.)

 

RECREATION PROGRAMS – FEE AMENDMENTS

Department of Public Services Director Karen Murphy presented information on ordinances amending fees for recreation programs including Swimming Pool Fees and General Recreation Fees.  Richard Tighe, 5611 Siebert, inquired about city/township differentials in rate pricing.  The following two ordinance amendments were then presented for consideration:

 

ORDINANCE AMENDMENT – SWIMMING POOL FEES (first reading)

Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-72.  Swimming pool fees

      The fees for use of the city’s swimming pools are as follows:

(1)

Public Swimming - Adult

$     3.00

 

per session

 

Public Swimming – Youth & Senior

$     2.00

 

per session

(2)

Limited Pass – 15 Admissions, Adult

$   35.00

 

per pass

 

Limited Pass – 15 Admissions, Youth

$   25.00

 

per pass

(3)*

Swimming Lessons

$   30.00

 

per session

(4)

Individual Swim Pass, unlimited use - Adult

$   75.00

 

per pass

 

Individual Swim Pass, unlimited use – Youth

$   60.00

 

per pass

(5)

Family Swim Pass – 2 members

$ 110.00

 

per pass

(6)

Family Swim Pass – each additional member

$   25.00

 

per member

(7)

Family Swim Pass – maximum per family

$ 160.00

 

per pass

(8)

Competitive Swim Pool Rental – per lane

$   20.00

 

per hour

(9)

Aquasize – per session

 

$20.00

per session

(10)

Aquasize – daily drop-in

 

$  4.00

per day

       * THERE SHALL BE A $10.00 SERVICE FEE FOR REFUNDS.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

ORDINANCE AMENDMENT – GENERAL RECREATION FEES

Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of  Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

(1)

Adult softball player

$  18.00

 

per player

(2)

Adult softball player (2nd team)

$  18.00

 

per player

(3)

Adult softball player - Fall League

$    5.00

 

per player

(4)

Each softball team in individual tournaments

$  20.00

 

per team

(5)

Youth softball player

$    6.00

 

per player

(6)

Rugby player

$    6.00

 

per player

(7)

Ski rental (each 2 hours or part thereof)

$    6.00

 

per hour

(8)

Toboggan rental (per hour two-hour maximum)     

$    4.00

  $  6.00

per hour

(9)

Chalet building rental (2 hour minimum)

$  30.00

 

per hour

 

After 2 hour minimum

$  20.00

 

per hour

(10)

Currie West Clubhouse rental (2 hour minimum)

$  50.00

 

per hour

 

After 2 hour minimum                                             

$  35.00

 

per hour

(10)

Picnic kit deposit

$  15.00

 

per kit

(12)

Summer play program (entire 8 week program)

no charge

 

 

(13)

Summer play program (per day charge)

no charge

 

 

(11)*

Ball field rental – private tournament

 

$ 10.00

per hour per field

(12)*

Ball diamond grooming – private tournament

 

$ 15.00

per grooming

(13)*

Ball diamond grooming/maintenance – private tournament - Overtime

 

$ 75.00

per hour

(14)*

Ball diamond grooming/maintenance – private tournament - Double time

 

$100.00

per hour

(15)*

Diamond dry field drying material– private tournament

 

$12.00

per bag

(16)**

Picnic shelter reservations

 

 

 

 

Emerson A-1, Emerson E

$  25.00

 

per use

 

Plymouth A (south), A (north), B-2, B-3

$  25.00

 

per use

 

Barstow Woods

$  25.00

 

per use

 

Stratford Woods

$  25.00

 

per use

 

Chippewassee

$  25.00

 

per use

 

Emerson D

$  45.00

 

per use

 

Plymouth A (entire shelter)

$  55.00

 

per use

 

Unsheltered areas

$  15.00

 

per use

 

Addition of a canopy

$  25.00

 

per use request

 

Delivery of picnic tables (up to 10 tables)

$  25.00

$ 30.00

per use

 

Additional tables (if available)

$    3.00

 $  4.00

per table

(17)

Delivery of bleachers

 

$ 20.00

per section

(18)

Delivery of stage risers

 

$ 25.00

per use

(19)

Delivery of half barrel portable grill

 

$ 10.00

per use

(20)

City STAGE RENTAL

 

 

 

 

nON-PROFIT GROUP INSIDE CITY LIMITS

 

$  75.00

PER USE

 

FOR PROFIT GROUP INSIDE CITY LIMITS

 

$ 225.00

PER USE

 

NON-PROFIT GROUP OUTSIDE CITY LIMITS

 

$ 125.00

PER USE

 

FOR PROFIT GROUP OUTSIDE CITY LIMITS

 

$ 425.00

PER USE

     *Note:  Fees for private tournament ball field maintenance effective  

                   starting with the 2010 softball season.

     **Note:  Fees paid for shelter reservations are non-refundable.

      Exceptions to (14 16) Picnic shelter reservation fees are as follows:

       a) Donors of shelters shall be allowed one rent free use per year in

           the respective donated structure.

       b) Daytime reservations which begin after 8:00 a.m. and end before 3:00 p.m.

           Monday – Friday in May and June are exempt from fees.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

RENAISSANCE ZONE FOR THE DOW CHEMICAL COMPANY

Assistant City Manager Jack Duso presented a resolution expressing the City of Midland’s support for a new Renaissance Zone for The Dow Chemical Company.  Richard Tighe, 5611 Siebert, inquired as to the purpose of the Renaissance Zone.  Jim Donaldson of the Michigan Economic Development Corporation explained the purpose of a Renaissance Zone.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in 1996 the State Legislature adopted the Michigan Renaissance Zone Act to provide the state and its municipalities with additional economic incentive tools to induce new industrial plants to locate in Michigan; and

WHEREAS, the City staff and Midland Tomorrow have been working with The Dow
Chemical Company to provide economic incentives for a potential $665 million investment at its Midland site, known as KD Advanced Battery Group, LLC, that would create more than 800 jobs; and

WHEREAS, a key element that will determine the viability of this project is a grant from the U.S. Department of Energy which carries an application deadline of May 19, 2009; and

WHEREAS, in recognition that the City of Midland and the Michigan Strategic Fund  cannot establish a new renaissance zone by that date, the Michigan Economic Development Corporation has advised the City that a letter of support for a new Renaissance Zone is sufficient at this time; now therefore

RESOLVED, that the Mayor is hereby authorized to sign a letter of support for creation of a new Renaissance Zone in an effort to encourage KD Advanced Battery Group, LLC to build a new facility in Midland.  (Motion ADOPTED.)

 

SITE PLAN NO. 289

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 289, the request of NPS Investors, LLC for a 21,138 square foot medical office building located at 501 Fast Ice Drive on 3.4 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 289 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 289, contingent upon the following:

      1.   The Storm water detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   All irrigation systems will comply with the City of Midland Water Department specifications.

      8.   The sidewalks on Fast Ice Drive and Bay City Road shall remain.

      9.   That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E)(2) of the Zoning Ordinance.

(Motion ADOPTED.)

 

SITE PLAN NO. 290

Planning and Community Development Director Keith Baker presented Site Plan No. 290 for The Macomb Group to construct a 9,064 square foot expansion of a pipe supply warehouse located at 3137 S. Saginaw Road.  Jeff Kienbaum, Three River Construction, spoke regarding the project and asked Council to reconsider contingency #9.  Tom McCann stated he felt the fencing contingency requirement should remain.  The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 290, the request of the Macomb Group for a 9,064 square foot expansion of a pipe supply warehouse located at 3137 South Saginaw Road on 3.73 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 290 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 290, contingent upon the following:

      1.   The Stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance including the installation of 27 trees and 27 bushes.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E) (2) of the Zoning Ordinance.

      8.   The property be cleaned up and cleared of any outdoor storage of trash, litter, and debris prior to issuance of a building permit.

      9.   A wooden or vinyl privacy fence be installed at the maximum permitted height to obscure the view of adjacent parcels.

(Motion ADOPTED.)

 

MICHIGAN BASEBALL FOUNDATION GRANT TO MCTV

MCTV Director Ron Beacom presented a resolution acknowledging the grant of $1,500 to MCTV from the Michigan Baseball Foundation.  Scott Litle, Vice President for ticket sales for the Great Lake Loons, spoke regarding the grant.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, the Michigan Baseball Foundation, owner of the Great Lakes Loons, has selected 31 non-profit organizations in mid-Michigan to receive grants totaling $100,090; and

WHEREAS, Midland Community Television, a service of the City of Midland, has been selected to receive a $1,500 grant; and

WHEREAS, this grant helped MCTV purchase rain gear and computer carts for

non-linear editing systems used by MCTV access users and students in the Midland Public Schools Video Communications course; now therefore

RESOLVED, that the City Council acknowledges this generous grant of $1,500 and expresses its gratitude to the Michigan Baseball Foundation and the Great Lakes Loons for their support of access television in Midland.  (Motion ADOPTED.)

 

RECOVERY ACT GRANT APPLICATION

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, on February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009; and

WHEREAS, one of the elements of the Recovery Act provided the Department of Justice (DOJ) with funding for grants to assist local law enforcement; and

WHEREAS, the Bureau of Justice Assistance (BJA) will be making awards to local law enforcement; and

WHEREAS, the BJA announced that the Midland Police Department is eligible for $30,208 under the Recovery Act:  Edward Byrne Memorial Justice Assistance Grant (JAG); and

WHEREAS, the applicant agency (Midland City Police Department) must make the grant application available for review by its governing body; now therefore   

RESOLVED, that Midland City Council hereby receives a copy of the grant application for review. (Motion ADOPTED.)

 

FAA MEMORANDUM OF AGREEMENT – BARSTOW AIRPORT (AWOS)

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, on December 3, 2007, a contract between the City of Midland and the Michigan Department of Transportation (MDOT) was approved for the installation of an automated weather observation system (AWOS) at Jack Barstow Municipal Airport; and

WHEREAS, on August 11, 2008, City Council also approved related MDOT maintenance and data collection contracts for use of the AWOS subject to final approval by the City Attorney; and

WHEREAS, a Memorandum of Agreement with the City has been proposed from the Federal Aviation Administration (FAA) for compliance with required operations and maintenance of the AWOS; and 

WHEREAS, the City Attorney has approved the agreement as to form; now therefore

RESOLVED, that the City Council hereby approves the FAA Memorandum of Agreement for operations and maintenance of an AWOS located at Jack Barstow Municipal Airport and authorizes the City Manager to execute the contract on behalf of the City of Midland.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-09-02

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that Traffic Control Order No. S-09-02 filed March 6, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Kentwood Drive shall yield to Corrine Street; and

 That Traffic Control Order S-84-03 shall be rescinded. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-09-03

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that Traffic Control Order No. S-09-03 filed March 6, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That 5th Street shall yield to Grove Street.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-09-04

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that Traffic Control Order No. S-09-04 filed March 9, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That northbound Jefferson Avenue shall yield to the Jefferson Crossover. 

is hereby made permanent.  (Motion ADOPTED.)

 

MIDLAND COMMUNITY CENTER – USE OF CENTRAL PARK REQUEST

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that the request from the Midland Community Center to use Central Park as the site for their Outdoor Family Campout on Friday, June 19 and Saturday, June 20, 2009, and to use amplified sound, is hereby approved subject to the following condition:

  • The Fire Department’s Recreational Fire Guidelines must be met.  These Guidelines will be provided to the organizers.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

2009 LOCAL STREET RECONSTRUCTION

The following resolution was offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of all of Barto, Luhring, and Lessa Streets and St. Mary’s Drive from Drake to Lessa Street and also the replacement of damaged sidewalk on said streets; and

WHEREAS, funding for this project is provided by the Local Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Pyramid Paving Company of Essexville, Michigan, for the "2009 Local Street Reconstruction; Contract No. 2", in the indicated amount of $297,195.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

NEW BUSINESS

Councilman Rokosz commented on legal standards for the Assessor’s Office personnel entering private property for the property reevaluation process.

 

Being no further business the meeting adjourned at 10:15 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk